National Green Tribunal files suo motu case based on South First report on Neyveli farmers’ plight

South First's article prompts National Green Tribunal's intervention; green court transfers the matter to its southern bench.

ByLaasya Shekhar

Published Oct 18, 2023 | 2:00 PMUpdatedOct 18, 2023 | 2:00 PM

Neyveli farmers NGT

Taking cognisance of a South First report on the adverse effects of mining on the livelihoods of Neyveli farmers, the Principal Bench of the National Green Tribunal (NGT) took a case suo motu and transferred it to the NGT’s southern bench on 9 October.

The Principal Bench, comprising Chairperson Justice Prakash Srivatsava, Judicial Member Justice Sudhir Agarwal, and Expert Member A Senthil Vel transferred the matter to the NGT’s southern bench.

 According to the Green Court’s order, the original application is registered on the basis of the news report published in South First dated 19 October, 2023, titled, Wages of mining: Neyveli turns ‘ashtray’, leaving farmers with broken promises and uncertain future. 

The article highlighted the plight of the farmers in Neyveli, Tamil Nadu, who face challenges due to the pollution caused by the Neyveli Lignite Corporation (NLC).

It elaborated on the economic fallout of mining on the farmers, who are unable to even eat the rice they grow.

They accused the  NLC of not fulfilling the promises of employment and compensation to the affected families. Additionally, the indiscriminate dumping of fly ash in public places, in violation of environmental rules, was also pointed out in the article.

The article was based on scientific data released by a Tamil Nadu-based environmental organisation, Poovulagin Nanbargal, and Manthan Adhyayan Kendra, a centre set up to research, analyse and monitor water and energy issues from the perspective of sustainable development.

Related: TN’s Indira Gandhi can’t have a cup of tea — villagers blame Neyveli Lignite Corp for her condition

Can it have a real impact? 

“It is very encouraging that the National Green Tribunal has taken suo motu cognisance of the matter. I also hope that this cognisance translates into effective follow-up by the tribunal to provide relief to the people. The green court should take into confidence the impacted communities and independent experts before arriving at a resolution,” Shripad Dharmadhikary of Manthan Adyayan Kendra said.

South First’s investigation found that the regulatory agencies, including the Tamil Nadu Pollution Control Board, failed to take effective and timely actions.

“The issues may not be effectively addressed if the tribunal relies on these agencies again. Accountability of both the polluters as well as the regulatory agencies needs to be considered, and one hopes that the tribunal’s follow-up will ensure it,”  Dharmadhikary added. 

What the NGT order said

The NGT, in its order said: “This original application is registered on the basis of the news report published in South First dated 19.09.2023 titled ‘Wages of mining: Neyveli turns ‘ashtray’, leaving farmers with broken promises and uncertain future’.”

“The news item discloses that the Neyveli Power Station-1 (expansion) project is around two km from Adithyan’s field and was set up in 1956. The NLC operates three opencast lignite mines and four thermal power stations in Neyveli. The allegation is that untreated hot water from the power station and fly ash contaminate water. The news item further discloses that farmers, scientists and even government bodies have blamed fly ash for the degradation of land and reduced yields.

“As per the news report, on account of the said discharge, soil has become unfit to cultivate any crop and groundwater has been depleted and fly ash is polluting the water sources. There is allegation of blatant violation of environmental laws.

“The newspaper report discloses that substantial issue relating to environment is involved. Hence, the OA is registered in suo-motu exercise of power which has been recognized by the Hon’ble Supreme Court in the
matter of ‘Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors’ reported in 2021 SCC Online SC 897.

“Since the issue relates to Southern Zone Bench of the Tribunal, therefore, the OA is transferred to Southern Zone Bench, Chennai. The Registry is directed to transfer the record of this matter to the Southern Zone Bench, Chennai.”